The Kansas City Southern Railway Company-Trackage Rights Exemption-Meridian Speedway LLC, 5906-5907 [06-963]

Download as PDF 5906 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34772, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 30, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–1488 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34775] hsrobinson on PROD1PC70 with NOTICES Richard J. Corman and R.J. Corman Railroad Group, LLC—Continuance in Control; Exemption—R.J. Corman Railroad Company/Tennessee Terminal, LLC Richard J. Corman (Corman) and R.J. Corman Railroad Group, LLC (Group) (collectively applicants), have filed a verified notice of exemption to continue in control of R.J. Corman Railroad Company/Tennessee Terminal, LLC (RJCK), upon RJCK’s becoming a Class III rail carrier.1 The transaction was scheduled to be consummated on January 15, 2006. This transaction is related to the concurrently filed verified notice of exemption in STB Finance Docket No. 34772, R.J. Corman Railroad Company/ Tennessee Terminal, LLC—Lease and Operation Exemption—BNSF Railway Company. In that proceeding, RJCK seeks to acquire by lease from BNSF Railway Company (BNSF) and operate approximately 46.7 miles of rail lines in Shelby County, TN, and DeSoto County, MS. Group controls seven Class III rail carriers: R.J. Corman Railroad Company/ Pennsylvania Lines Inc. (Pennsylvania Lines), R.J. Corman Railroad Company/ Memphis Line (Memphis Line), R.J. Corman Railroad Company/Western Ohio Line (Western Ohio Line), R.J. Corman Railroad Company/Cleveland Line (Cleveland Line), R.J. Corman Railroad Company/Bardstown Line (Bardstown Line), R.J. Corman Railroad 1 Group, a noncarrier holding company, is owned by Corman and directly controls JCK. VerDate Aug<31>2005 15:00 Feb 02, 2006 Jkt 208001 Company/Allentown Lines, Inc. (Allentown Lines), and R.J. Corman Railroad Company/Central Kentucky Lines, LLC (Central Kentucky Lines). Corman also owns R.J. Corman Railroad Property, LLC (RJRP), a Class III nonoperating rail carrier, and owns a controlling interest in the Clearfield & Mahoning Railway Company (CMRC), also a Class III rail carrier. Applicants state that: (1) The rail lines operated by Pennsylvania Lines, Memphis Line, Western Ohio Line, Cleveland Line, Bardstown Line, Allentown Lines, Central Kentucky Lines, RJRP, and CMRC do not connect with the rail line being leased by RJCK; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail line being leased by RJCK with any railroad in the Corman corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose of the transaction is to allow Corman and Group to continue in control of RJCK after RJCK becomes a Class III rail carrier. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34775, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 30, 2006. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–1489 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34823] The Kansas City Southern Railway Company—Trackage Rights Exemption—Meridian Speedway LLC Meridian Speedway LLC (MSLLC) has agreed to grant local and overhead trackage rights to The Kansas City Southern Railway Company (KCSR) 1 to permit KCSR to operate over a line of railroad being transferred to MSLLC.2 The trackage rights extend over this line between milepost 0.0 at Meridian, MS, and milepost 95.26 ± at Jackson, MS, and between milepost 95.7 ± at Jackson, MS, and milepost V–169.85 ± at Shreveport, LA, a total distance of approximately 320 miles.3 KCSR had intended to consummate the transaction on the later of two dates, January 24, 2006, or when the transaction described in STB Finance Docket No. 34822 is consummated. However, by decision served on January 23, 2006, the effective date of the three exemptions was stayed, at the joint request of CN, NSR, KCS, KCSR, and MSLLC, until February 23, 2006. Accordingly, consummation of the transaction cannot occur until February 23, at the earliest. 1 A redacted version of the trackage rights agreement was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under seal along with a motion for a protective order. 2 KCSR’s verified notice of exemption is related to two other verified notices of exemption filed on January 17, 2006. In STB Finance Docket No. 34822, Kansas City Southern (KCS), KCSR, and MSLLC have filed a notice of exemption relating to an intracorporate family transaction pursuant to which KCSR will transfer its line between Meridian, MS, and Shreveport, LA, to MSLLC, KCS will continue in control of MSLLC (which will become a carrier upon acquiring the line), and KCSR will contract with MSLLC to operate the transferred line on MSLLC’s behalf. In STB Finance Docket No. 34821, Norfolk Southern Railway Company (NSR) has filed a notice of exemption to acquire trackage rights over the line to be transferred to MSLLC in STB Finance Docket No. 34822. 3 KCSR currently operates via trackage rights over the approximately four-tenths of a mile section of track in Jackson, MS, connecting these two line segments. That section of track is controlled by Canadian National Railway Company (CN) as successor to Illinois Central Railroad Company (IC) pursuant to a trackage rights agreement dated March 26, 1986, between MidSouth Rail Corporation and IC. E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices KCSR will use the trackage rights to continue to provide local rail service to shippers located on the line once ownership of the line has transferred from KCSR to MSLLC. In addition, the trackage rights will allow KCSR to transport goods to and from shippers and other rail carriers between Shreveport, LA, and Meridian, MS. This transaction and the transactions covered by the other two notices of exemption are part of a joint-venture between KCS and NSR to share and upgrade the instant line, a segment of a longer line located between Meridian, MS, and Dallas, TX. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34823, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on: (1) Robert B. Terry, The Kansas City Southern Railway Company, P.O. Box 219335, Kansas City, MO 64121–9335; and (2) William A Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 27, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–963 Filed 2–2–06; 8:45 am] hsrobinson on PROD1PC70 with NOTICES BILLING CODE 4915–01–P VerDate Aug<31>2005 15:00 Feb 02, 2006 Jkt 208001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34821] Norfolk Southern Railway Company— Trackage Rights Exemption—Meridian Speedway LLC—Between Meridian, MS and Shreveport, LA Meridian Speedway LLC (MSLLC) has agreed to grant overhead trackage rights to Norfolk Southern Railway Company (NSR) 1 to permit NSR to operate over a line of railroad being transferred to MSLLC.2 The trackage rights extend over this line between milepost 0.0 at Meridian, MS, and milepost 95.26 ± at Jackson, MS, and between milepost 95.7 ± at Jackson, MS, and milepost V– 169.85 ± at Shreveport, LA, a total distance of approximately 320 miles.3 NSR had intended to consummate the transaction on the later of two dates, January 24, 2006, or when the transactions described in the two related verified notices of exemption are consummated. However, by decision served on January 23, 2006, the effective date of the three exemptions was stayed, at the joint request of CN, NSR, KCS, KCSR, and MSLLC, until February 23, 1 A redacted version of the trackage rights agreement was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under seal along with a motion for a protective order. 2 NSR’s verified notice of exemption is related to two other verified notices of exemption filed on January 17, 2006. In STB Finance Docket No. 34822, Kansas City Southern (KCS), Kansas City Southern Railway Company (KCSR), and MSLLC have filed a notice of exemption relating to an intra-corporate family transaction pursuant to which KCSR will transfer its line between Meridian, MS, and Shreveport, LA, to MSLLC, KCS will continue in control of MSLLC (which will become a carrier upon acquiring the line), and KCSR will contract with MSLLC to operate the transferred line on MSLLC’s behalf. In STB Finance Docket No. 34823, KCSR has filed a notice of exemption to acquire trackage rights over the line to be transferred to MSLLC in STB Finance Docket No. 34822. 3 The track segment between milepost 95.26 and milepost 95.7 at Jackson, MS, is owned by Canadian National Railway Company (CN). KCSR operates over the CN-owned segment pursuant to a trackage rights agreement. While NSR will seek to negotiate a trackage rights agreement with CN for that segment as well, KCSR will provide haulage service for NSR over the CN-owned segment should NSR exercise the trackage rights under this notice in the interim. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 5907 2006. Accordingly, consummation of the transaction cannot occur until February 23, at the earliest. And NSR has agreed to exercise the instant trackage rights only in the event of certain occurrences described in the agreement attached to the notice. NSR will use the trackage rights for the overhead movement between Meridian, MS, and Shreveport, LA, of trains handling certain categories of intermodal traffic. This transaction and the transactions described in the two related notices of exemption are part of a joint-venture between KCS and NSR to share and upgrade this portion of the Meridian Speedway, a line running between Meridian, MS, and Dallas, TX. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34821, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on: (1) G. Paul Moates, Sidley Austin, LLP, 1501 K Street, NW., Washington, DC 20005; and (2) James A. Squires, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510–9241. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 27, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–962 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5906-5907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-963]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34823]


The Kansas City Southern Railway Company--Trackage Rights 
Exemption--Meridian Speedway LLC

    Meridian Speedway LLC (MSLLC) has agreed to grant local and 
overhead trackage rights to The Kansas City Southern Railway Company 
(KCSR) \1\ to permit KCSR to operate over a line of railroad being 
transferred to MSLLC.\2\ The trackage rights extend over this line 
between milepost 0.0 at Meridian, MS, and milepost 95.26  
at Jackson, MS, and between milepost 95.7  at Jackson, MS, 
and milepost V-169.85  at Shreveport, LA, a total distance 
of approximately 320 miles.\3\
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement was 
filed with the notice of exemption. The full version of the 
agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under 
seal along with a motion for a protective order.
    \2\ KCSR's verified notice of exemption is related to two other 
verified notices of exemption filed on January 17, 2006. In STB 
Finance Docket No. 34822, Kansas City Southern (KCS), KCSR, and 
MSLLC have filed a notice of exemption relating to an intra-
corporate family transaction pursuant to which KCSR will transfer 
its line between Meridian, MS, and Shreveport, LA, to MSLLC, KCS 
will continue in control of MSLLC (which will become a carrier upon 
acquiring the line), and KCSR will contract with MSLLC to operate 
the transferred line on MSLLC's behalf. In STB Finance Docket No. 
34821, Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption to acquire trackage rights over the line to be transferred 
to MSLLC in STB Finance Docket No. 34822.
    \3\ KCSR currently operates via trackage rights over the 
approximately four-tenths of a mile section of track in Jackson, MS, 
connecting these two line segments. That section of track is 
controlled by Canadian National Railway Company (CN) as successor to 
Illinois Central Railroad Company (IC) pursuant to a trackage rights 
agreement dated March 26, 1986, between MidSouth Rail Corporation 
and IC.
---------------------------------------------------------------------------

    KCSR had intended to consummate the transaction on the later of two 
dates, January 24, 2006, or when the transaction described in STB 
Finance Docket No. 34822 is consummated. However, by decision served on 
January 23, 2006, the effective date of the three exemptions was 
stayed, at the joint request of CN, NSR, KCS, KCSR, and MSLLC, until 
February 23, 2006. Accordingly, consummation of the transaction cannot 
occur until February 23, at the earliest.

[[Page 5907]]

    KCSR will use the trackage rights to continue to provide local rail 
service to shippers located on the line once ownership of the line has 
transferred from KCSR to MSLLC. In addition, the trackage rights will 
allow KCSR to transport goods to and from shippers and other rail 
carriers between Shreveport, LA, and Meridian, MS. This transaction and 
the transactions covered by the other two notices of exemption are part 
of a joint-venture between KCS and NSR to share and upgrade the instant 
line, a segment of a longer line located between Meridian, MS, and 
Dallas, TX.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34823, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on: (1) Robert B. Terry, The 
Kansas City Southern Railway Company, P.O. Box 219335, Kansas City, MO 
64121-9335; and (2) William A Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: January 27, 2006.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-963 Filed 2-2-06; 8:45 am]
BILLING CODE 4915-01-P